“The photographer” shall mean the tutor.
“The Client(s)” shall be those who attend the workshop.
The due performance of the contract is subject to the conditions below. These cannot be varied in any way by the client(s) unless such conditions are expressly agreed by the photographer in writing before commencement of the workshop.
Photography Courses and Workshops is a service provided by Keith Moss Photography Trading as Keith Moss Gallery.
Address: Keith Moss Gallery 65 High Street, Brotton, Saltburn by the Sea TS12 2PP.
Terms & Conditions:
1. Health & Safety:
Health & Safety is taken extremely seriously and all risks are regularly assessed and minimised.
a) The client should be extremely careful around studio lighting and darkroom equipment including developing chemistry to minimise the risk of contact with hot surfaces, electric shock and developing chemicals.
b) Fire exits will be pointed out at the beginning of the workshop.
c) Because of the nature of some of the workshops, the client is responsible for selecting a safe shooting location and it is his/her responsibility to ensure a safe working environment whether it is inside or out. No responsibility will be accepted for the safety of the client when they are outside the venue building.
d) Any form of abusive behaviour towards other attendees, the photographer, assistants or location staff will not be tolerated and will result in removal from the course with no refund. This includes verbal as well as physical abuse.
e) The client should inform the photographer if he or she has any special dietary requests or any other specific requests up to seven days prior to the start of the course. The photographer will then advise the relevant supplier of the requests but cannot guarantee that such requests will be met, and will have no liability to the client if such requests are not met.
2. Copyright & License:
All photographs made by the client during the workshop remain the intellectual property of the client. The client retains full copyright of these images. Clients’ images may be used to promote future courses but any requests by clients to not do so will be respected.
The photographer reserves the right to change any of the prices, services or other particulars contained in any course before he enters into a contract with the client. If there are any changes the photographer will notify the client before he enters into such contract.
4. Payments and Deposits:
a) A non-refundable deposit for the amount stated in each course description is required at the time of booking.
b) The receipt of a deposit does not imply acceptance of a booking until the photographer confirms acceptance of the clients booking in writing by email, it is at this time that a contract comes into existence between the client and the photographer.
c) The balance of the course price is due 8 weeks prior to the course date. Should this final payment fail to reach the photographer by the date specified, the photographer reserves the right to treat the booking as cancelled and retain the deposit. If a booking is made 8 weeks or less prior to the course date then the full amount is payable at the time of booking.
5. Refunds / Cancellation by the Client(s):
a) Cancellations made by the client in the 8 week period prior to the date of the course means the photographer will retain the full payment of the course unless the clients place is sold on, in which case only the deposit will be retained by the photographer with the balance refunded to the client.
6. Refunds / Cancellation by the Photographer:
The photographer reserves the right to alter or cancel any course. If an alteration or cancellation becomes necessary the photographer will notify the client and the client will have the choice to accept the change, book an alternative course (but where this is of a lower price the photographer will refund the difference), or withdraw from the contract and accept a refund of all monies paid to the photographer but no further compensation will be made.
a) To clarify; as the photographer is not party to any flight bookings made by the client and has received no payment for the same, the photographer will not refund the costs of the clients flight in the event of a course being cancelled . Please see clause 12 .
7. The type of courses we offer requires flexibility and must allow for alternatives. For this reason the outline itinerary and course description must be taken as an indication of what may take place on the course, and not as a contractual obligation on the part of the the photographer.
8. Force Majeure:
Typically, force majeure clauses cover natural disasters or other “Acts of God”, war, or the failure of third parties such as suppliers and subcontractors to perform their obligations to the contracting party.
a) The photographer can accept no responsibility for cancellation of any course due to Force Majeure. Force majeure is unusual and unforeseeable circumstances beyond the photographers control, such as war or the threat of war, riots, terrorist activity, civil strife, industrial disputes, natural or nuclear disaster, fire, flood or adverse weather conditions. In the advent of cancellation due to Force Majeure, please see clause 12 .
9. In the event of the specified tutor being unable to attend due to illness or other circumstances beyond the control of the photographer then another tutor will be provided. If this is not possible, the course will be cancelled and the provisions of clause 6 will come into effect.
All valuable objects belonging to the client including camera equipment are the clients’ responsibility. No responsibility will be accepted for loss or damage of belongings in the venue or when left in vehicles.
Any complaints regarding the course or venue should be made on the spot to give the tutor the opportunity to achieve a satisfactory solution. If this is not possible the client should make the complaint known in writing within seven days of the completion of the course. Any complaints will be taken extremely seriously and acted upon swiftly.
12. Flights/Travel Insurance:
Flight booking is the responsibility of the client. The photographer is not responsible for any expenses, loss or other damage caused to the client by the acts or omissions of the carrier.
a) The photographer does not accept liability for any loss or additional expense caused by delay or interruption to travel services through weather conditions, civil disturbance, industrial action, strikes, wars, floods or sickness. Such losses or additional expenses are the responsibility of the client.
b) All clients must be in possession of a valid passport and any visas, permits and certificates, including medical certificates required for the whole of the journey. The client accepts responsibility for obtaining the same. Any information and advice given by the photographer on visas, vaccinations, climate, clothing, baggage, special equipment etc is given in good faith.
c) It is a term of the contract between the photographer and the client that the client will obtain the appropriate travel insurance cover before setting out on the course (whether abroad or in the UK). The insurance must cover the loss, expenses and damages arising from, including but not limited to, the cancellation of the course (whether in whole or in part), personal accident and injury, medical and repatriation costs (for overseas courses), loss of baggage and personal money and belongings and flight cancellations and delays.
Keith Moss trading as “Keith Moss Gallery” has professional public liability insurance up to £2.0M covering damages & costs arising out of the use of his photographic equipment. He also holds employer’s liability insurance for £10.0M, covering assistants and sub-contract photographers. Professional Indemnity insurance is also held.
a) The photographer does not accept responsibility or liability for death, bodily injury or illness caused to the client or any other person included in the booking, unless arising from the negligent act and/or omission of the photographers’ employees (whilst acting in the course of their employment).
By purchasing a place or places on any course the client is agreeing to accept all the above conditions. The person who makes the booking does so on behalf of all the individuals included on it, so that all are bound by the booking conditions.
Any contract made between the photographer and the client(s) shall in all respects be governed by and construed in accordance with English Law and the parties hereto submit to jurisdiction of the English courts.